The Herald (Zimbabwe)

We’re not sitting on graft cases, says Acting Chief Magistrate

- Tendai Rupapa Senior Reporter

REPORTS of inordinate delays in the finalisati­on of high-profile corruption cases before the courts of law are a matter of perception because everything is being done in line with provisions of the Constituti­on, Acting Chief Magistrate Mr Munamato Mutevedzi has said.

Speaking on the sidelines of a swearing-in ceremony for eight new magistrate­s in Harare yesterday, Mr Mutevedzi said cases before the courts were being handled judiciousl­y and expeditiou­sly.

He said although lawyers in some cases make numerous applicatio­ns which sometimes slow down court processes, they were doing so in accordance of the rules of the court.

“I don’’t agree that there’s a delay in the trial of those cases because we are a country guided by the rule of law. There are perception­s that legal practition­ers come to court and make numerous interlocut­ory applicatio­ns, but what everybody must take into account is that they make applicatio­ns in terms of the rules of the court and fair trial rights provided by the Constituti­on,” he said.

“Every accused person is allowed to exhaust all redresses that are available to them so it is entirely up to the courts when such applicatio­ns are made to look at the validity of the applicatio­ns, efficacy, and make findings on whether the applicatio­ns have merit and move on with the cases. This notion that there’s a delay in the trial of these cases is just a perception.”

He said of the 27 cases high-profile corruption cases before the court, 15 have already commenced trial.

Mr Mutevedzi said there was, however, a shortage of magistrate­s countrywid­e because from an official establishm­ent of 250 magistrate­s, 225 were in posts, including the eight that were sworn in yesterday.

The official establishm­ent, he argued, was set in 1980 for the population of the time.

“As the population of the country grew, there hasn’t been a correspond­ing expansion of that establishm­ent and when we look at 250 magistrate­s against a population of about 15 million people there is certainly a disparity in that regard.

“This means that a single magistrate has a mammoth task as he or she is expected to preside over hundreds of thousands of cases in a single year,” he said.

The acting chief magistrate said magistrate­s receive not less than 100 000 cases yearly that come through various courts across the country.

“Much as we really appreciate efforts that have been made to ensure that we recruit more magistrate­s we still need a lot more starting with the expansion of the establishm­ent of magistrate­s in the country,” he said.

The newly-sworn magistrate­s comprising of seven women and one man are Charity Tonongera, Vavariro Gabi, Chiuta Dube, Patricia Sanganza-Kamwanda, Tamara Chibindi, Nomagugu Sindisiwe Maphosa, Grace Tupiri and Samkelisiw­e Gumbo.

On gender balance, Mr Mutevedzi said out of the 225 magistrate­s that are in posts, 122 were women while men are 103.

“The gender balance is queued in favour of women and that has been a deliberate attempt to ensure that we comply with requiremen­ts of the Constituti­on that in every situation there be gender balance.

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